[Congressional Record Volume 142, Number 97 (Thursday, June 27, 1996)]
[House]
[Pages H6980-H6982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CHURCH ARSON PREVENTION ACT OF 1996

  Mr. HYDE. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 3525) to amend title 18, United States 
Code, to clarify the Federal jurisdiction over offenses relating to 
damage to religious property, with a Senate amendment thereto and occur 
in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Church Arson Prevention Act 
     of 1996''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The incidence of arson or other destruction or 
     vandalism of places of religious worship, and the incidence 
     of violent interference with an individual's lawful exercise 
     or attempted exercise of the right of religious freedom at a 
     place of religious worship pose a serious national problem.
       (2) The incidence of arson of places of religious worship 
     has recently increased, especially in the context of places 
     of religious worship that serve predominantly African-
     American congregations.
       (3) Changes in Federal law are necessary to deal properly 
     with this problem.
       (4) Although local jurisdictions have attempted to respond 
     to the challenges posed by such acts of destruction or damage 
     to religious property, the problem is sufficiently serious, 
     widespread, and interstate in scope to warrant Federal 
     intervention to assist State and local jurisdictions.
       (5) Congress has authority, pursuant to the Commerce Clause 
     of the Constitution, to make acts of destruction or damage to 
     religious property a violation of Federal law.
       (6) Congress has authority, pursuant to section 2 of the 
     13th amendment to the Constitution, to make actions of 
     private citizens motivated by race, color, or ethnicity that 
     interfere with the ability of citizens to hold or use 
     religious property without fear of attack, violations of 
     Federal criminal law.

     SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS 
                   WORSHIP.

       Section 247 of title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``subsection (c) of this 
     section'' and inserting ``subsection (d)'';
       (2) by redesignating subsections (c), (d), and (e), as 
     subsection (d), (e), and (f), respectively;
       (3) by striking subsection (b) and inserting the following:
       ``(b) The circumstances referred to in subsection (a) are 
     that the offense is in or affects interstate or foreign 
     commerce.
       ``(c) Whoever intentionally defaces, damages, or destroys 
     any religious real property because of the race, color, or 
     ethnic characteristics of any individual associated with that 
     religious property, or attempts to do so, shall be punished 
     as provided in subsection (d).'';

[[Page H6981]]

       (4) in subsection (d), as redesignated--
       (A) in paragraph (2)--
       (i) by inserting ``to any person, including any public 
     safety officer performing duties as a direct or proximate 
     result of conduct prohibited by this section,'' after 
     ``bodily injury''; and
       (ii) by striking ``ten years'' and inserting `'20 years'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) if bodily injury results to any person, including any 
     public safety officer performing duties as a direct or 
     proximate result of conduct prohibited by this section, and 
     the violation is by means of fire or an explosive, a fine 
     under this title or imprisonment for not more than 40 years, 
     or both;'';
       (5) in subsection (f), as redesignated--
       (A) by striking ``religious property'' and inserting 
     ``religious real property'' both places it appears; and
       (B) by inserting ``, including fixtures or religious 
     objects contained within a place of religious worship'' 
     before the period; and
       (6) by adding at the end the following new subsection:
       ``(g) No person shall be prosecuted, tried, or punished for 
     any noncapital offense under this section unless the 
     indictment is found or the information is instituted not 
     later than 7 years after the date on which the offense was 
     committed.''.

     SEC. 4. LOAN GUARANTEE RECOVERY FUND.

       (a) In General.--
       (1) In general.--Using amounts described in paragraph (2), 
     the Secretary of Housing and Urban Development (referred to 
     as the ``Secretary'') shall make guaranteed loans to 
     financial institutions in connection with loans made by such 
     institutions to assist organizations described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that have been 
     damaged as a result of acts of arson or terrorism in 
     accordance with such procedures as the Secretary shall 
     establish by regulation.
       (2) Use of credit subsidy.--Notwithstanding any other 
     provision of law, for the cost of loan guarantees under this 
     section, the Secretary may use not more than $5,000,000 of 
     the amounts made available for fiscal year 1996 for the 
     credit subsidy provided under the General Insurance Fund and 
     the Special Risk Insurance Fund.
       (b) Treatment of Costs.--The costs of guaranteed loans 
     under this section, including the cost of modifying loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974.
       (c) Limit on Loan Principal.--Funds made available under 
     this section shall be available to subsidize total loan 
     principal, any part of which is to be guaranteed, not to 
     exceed $10,000,000.
       (d) Terms and Conditions.--The Secretary shall--
       (1) establish such terms and conditions as the Secretary 
     considers to be appropriate to provide loan guarantees under 
     this section, consistent with section 503 of the Credit 
     Reform Act; and
       (2) include in the terms and conditions a requirement that 
     the decision to provide a loan guarantee to a financial 
     institution and the amount of the guarantee does not in any 
     way depend on the purpose, function, or identity of the 
     organization to which the financial institution has made, or 
     intends to make, a loan.

     SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION IN 
                   LIST OF CRIMES ELIGIBLE FOR COMPENSATION.

       Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10602(d)(3)) is amended by inserting ``crimes, whose 
     victims suffer death or personal injury, that are described 
     in section 247 of title 18, United States Code,'' after 
     ``includes''.

     SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, in fiscal years 1996 and 1997 
     such sums as are necessary to increase the number of 
     personnel, investigators, and technical support personnel to 
     investigate, prevent, and respond to potential violations of 
     sections 247 and 844 of title 18, United States Code.

     SEC. 7. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.

       The first section of the Hate Crimes Statistics Act (28 
     U.S.C. 534 note) is amended--
       (1) in subsection (b), by striking ``for the calendar year 
     1990 and each of the succeeding 4 calendar years'' and 
     inserting ``for each calendar year''; and
       (2) in subsection (c), by striking ``1994'' and inserting 
     ``2002''.

     SEC. 8. SENSE OF THE CONGRESS.

       The Congress--
       (1) commends those individuals and entities that have 
     responded with funds to assist in the rebuilding of places of 
     worship that have been victimized by arson; and
       (2) encourages the private sector to continue these efforts 
     so that places of worship that are victimized by arson, and 
     their affected communities, can continue the rebuilding 
     process with maximum financial support from private 
     individuals, businesses, charitable organizations, and other 
     non-profit entities.
  Mr. HYDE (during the reading). Mr. Speaker, I ask unanimous consent 
that the Senate amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore (Mr. White). Is there objection to the 
request of the gentleman from Illinois?
  Mr. CONYERS. Mr. Speaker, reserving the right to object, I, of 
course, do not intend to object. I make this reservation so that we may 
have an opportunity to clarify how this text, which has been 
substituted by the other body, differs from the House-passed version of 
the legislation.
  It is my understanding, Mr. Speaker, that this bill makes abundantly 
clear the jurisdiction federally under the Constitution's interstate 
commerce clause and the 13th amendment, increases maximum penalties for 
church arsons where bodily injury occurs, includes religious fixtures 
and objects as covered property, provides $5 million in HUD loan 
guarantees and reauthorizes the Hate Crimes Statistic Act.
  I wonder if this is the chairman's understanding, Mr. Speaker, and I 
will yield to the gentleman from Illinois for the purpose of 
elaboration on this point and observe that the unanimity of our cause 
has been underlined by the gentleman from Oklahoma, Mr. J.C. Watts, in 
the work that he and other Members on the gentleman's side have been 
doing, along with the gentlewoman from Texas, Ms. Sheila Jackson-Lee, 
the gentleman from Georgia, Mr. Sanford Bishop, and the gentlewoman 
from North Carolina, Mrs. Eva Clayton.
  Mr. HYDE. Mr. Speaker, will the gentleman yield?
  Mr. CONYERS. I yield to the gentleman from Illinois.

                              {time}  1245

  Mr. HYDE. Mr. Speaker, I thank the gentleman, and I want to 
congratulate the gentleman for his being the chief cosponsor of this 
legislation and his important work in advancing it to the point where 
it is today ready for passage.
  The Senate amendment retains the provisions of the House version, 
which amends section 247 of title XVIII to eliminate the $1 minimum, to 
clarify the interstate commerce requirement, and to make it a crime to 
destroy religious property due to the racial or ethnic character of 
persons affiliated with the property.
  The Senate amendment includes the House language making personal 
injury victims of section 247-type crimes eligible under the Victims of 
Crime Act, but does not create a priority for those victims. The Senate 
amendment also corresponds the penalties in section 247 to those in the 
Federal arson statute.
  The Senate amendment includes a $5 million loan guarantee program 
under HUD to assist in the rebuilding of nonprofit property damaged by 
arson or terrorism. This provision has been cleared with the Committee 
on Banking and Financial Services.
  The Senate amendment authorizes funding to the Departments of 
Treasury and Justice in 1996 and 1997 for personnel to investigate and 
respond to violations of section 247 and section 844 of title XVIII. 
The Senate amendment reauthorizes the Hate Crimes Statistics Act for 6 
years, through the year 2002.
  Mr. CONYERS. Mr. Speaker, I thank the chairman of the Committee on 
the Judiciary for his excellent clarification. I commend him personally 
for the way that, as the sponsor of this measure, he was worked with 
all the Members, not only on the committee but in the Congress, and I 
might commend the House itself for the enormous rapidity with which we 
have acted. I think that the action this Congress has taken and the 
speed with which we have moved serves notice to all would-be terrorists 
of the domestic variety that the Federal and State governments will use 
all of their activities and resources to prosecute these destroyers of 
houses of worship. They can run but they cannot hide, and when found, 
they will be vigorously prosecuted.
  Mr. Speaker, I withdraw my reservation of objection.
  Mr. WATT of North Carolina. Reserving the right to object, Mr. 
Speaker, I wanted to do so to heap further praise on the chairman of 
the committee and on the ranking member, the gentleman from Michigan 
[Mr. Conyers], for the haste with which they have moved this 
legislation along, and also to heap additional praise on the Senate for 
doing

[[Page H6982]]

what I think is a major improvement in the bill that had previously 
passed on the House side. The Senate has taken a good idea and made it 
surprisingly and pleasingly better than we started with.
  There is one reservation that I have about the way we are doing this. 
I wanted to express that without objecting to the unanimous-consent 
request. That is, the disappointment that I am sure that all of our 
Members will feel at not having had the opportunity, because of this 
process, to vote unanimously in support of this resolution, to send 
another resounding signal to all Americans that this kind of conduct, 
church burnings, is not to be tolerated in our country, and this 
process is depriving us of having the opportunity to be able to cast a 
recorded vote.
  But I understand the reason why. The reason is that these two 
gentlemen, the chairman of the committee, the gentleman from Illinois 
[Mr. Hyde], and the ranking member, understand that this is important 
to get this legislation passed and to the President immediately, and we 
are about to go home for a break, and we need to move this legislation 
along.
  Mr. CONYERS. Mr. Speaker, will the gentleman yield?
  Mr. WATT of North Carolina. I yield to the gentleman from Michigan.
  Mr. CONYERS. Mr. Speaker, I want to associate myself entirely with 
the remarks of the gentleman from North Carolina [Mr. Watt] and let him 
know that my sentiments are his.
  Mr. HYDE. Mr. Speaker, will the gentleman yield?
  Mr. WATT of North Carolina. I yield to the gentleman from Illinois.
  Mr. HYDE. Mr. Speaker, I agree with both gentlemen. It would be 
desirable, but we do have other considerations. I think the expedition 
with which we pass this sends that same message. It was a unanimous 
vote in both Chambers, and that speaks loudly, as well as the fact that 
we are here today to get it passed.
  Mr. WATT of North Carolina. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore (Mr. White). Is there objection to the 
request of the gentleman from Illinois?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Illinois?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________